Minutes of the last sederunt read.
Proposal anent the arming and training of an army of 72,000 foot and 8,000 horse by raising of a month and half month's supply, read and ordered to be printed.
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Ordered that Colin Campbell of Glendaruel and Neil MacLeod, one of the captains of her majesty's foot guards, and George MacKenzie, son to George MacKenzie in Stonehaven, who were cited before the parliament, do attend the further diets thereof.
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Ordered that the ratifications and warrants for fairs to be given in this session of parliament be ready to be presented the third sederunt next week and her majesty's high commissioner appoints [Sir James Stewart of Goodtrees], lord advocate, [David Boyle, earl of Glasgow], lord treasurer depute, and [Adam Cockburn of Ormiston], lord justice clerk, or any two of them, to revise the same.
Ordered that the said sederunt next week be for receiving the report of the commission for public accounts and that petitions relating thereto come in according to the order of the said report.
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Process of Sir Walter Seaton against [Robert] Malloch and others called, and parties' procurators being heard as to the seeing of the process, the parliament refused to allow the defenders to see the same in regard they did not call for it in due time and the procurators, being further heard whether a personal protection shall be granted to the pursuer or not, after the parliament's reasoning thereon they, in respect of his special circumstances, granted to him a personal protection, reserving to the creditors to insist by way of reduction before the judge ordinary of any deed done in their prejudice.
Moved that he be obliged to give his oath before the lord chancellor whether he has made any fraudulent conveyance or not, and that before extracting.
Moved also that his protection be given simply without any such quality and, after debate, it was put to the vote simply or with a quality, and carried simply.
Then agreed that this protection continue until recalled by the parliament, which protection is as follows.
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Anent the summons raised and granted conforming to the act of parliament by deliverance of the lords of council and session and pursued before the parliament at the instance of Sir Walter Seaton, advocate, against his creditors and their factor after-named, Robert Malloch, merchant in Edinburgh, Alexander Brown, merchant there, Margaret Blyth, daughter lawful to the deceased Mr Henry Blyth, doctor of medicine, Mr Andrew Handiside, writer in Edinburgh, her factor for his interest, Margaret Kilpatrick, widow of the deceased William Dick, writer there, and Mr James Kilpatrick, late schoolmaster in Ireland, making mention that where the pursuer being in his younger years induced to sign some bonds, either with or for his father, albeit it be well known that the pursuer never had any portion from him, the said pursuer thereby and by other engagements of his own through the severity of his creditors, is reduced to difficulties and cannot have personal freedom to prosecute his affairs, unless a protection be granted to the pursuer by the parliament. And seeing, in order thereto, it is necessary that the said pursuer's creditors or their factors be cited before the parliament in manner prescribed by the second act, fifth session of King William's parliament, he had, therefore, craved the lords of council and session would grant warrant to the pursuer to have letters directed for citing his creditors after-named before the then ensuing court of parliament to the effect after-mentioned, which the said lords, by their deliverance of 27 June last, granted warrant for to the effect after-expressed, and anent the charge given in manner underwritten, by virtue of the said summons to the forenamed defenders, to have compeared before the said high court of parliament at a certain day now bygone, with continuation of days, to have answered at the instance of the said pursuer, that is to say to have heard and seen a protection granted by the parliament in favour of the said pursuer in order to his having personal freedom to prosecute his affairs, as in the said summons and executions thereof more fully is contained. The said pursuer compearing through Mr Francis Grant, advocate, his procurator, and the said whole defenders, being absent at first calling of the said summons in manner after-mentioned, but thereafter at calling thereof this day, the said Robert Malloch, Alexander Brown, Margaret Blyth and Mr Andrew Handiside, her factor, compearing through Mr David Forbes, advocate, their procurator, the foresaid summons and executions thereof, with the allegations of both parties compearing, as said is, and the absence of the said Mr James and Margaret Kilpatrick, two of the defenders, being all at length heard, seen and considered by her majesty's high commissioner and the estates of parliament, and they being therewith well and ripely advised, her majesty, with advice and consent of the said estates, granted and hereby grants personal protection to the pursuer for any civil cause or debt whatsoever until the parliament recall the same, because the forenamed defenders, being all lawfully cited conforming to the said summons by a messenger at arms in manner underwritten, namely the said Robert Malloch, Alexander Brown, Margaret Kilpatrick and Mr Andrew Handiside, factor foresaid, all personally apprehended in Edinburgh and the said Margaret Blyth and Mr James Kilpatrick as being presently furth of this kingdom, by open proclamation at the market cross of Edinburgh, and pier and shore of Leith, to have compeared at a certain day now bygone, with continuation of days, before the high court of parliament to have answered at the instance of the said pursuer, and to have heard and seen protection granted by the parliament in his favour in order to his having personal freedom to prosecute his affairs, or else to have shown a reasonable cause in the contrary, with certification to them if they failed, her majesty and her commissioner and estates of parliament would grant the pursuer a protection in the terms of the act of parliament. After elapsing of the said day of compearance, the foresaid summons was, in the terms of the act of parliament, after opening the house and before sitting down of the parliament, called at the patent gate of the parliament house, but there being no compearance made then for the defenders, the said summons and cause was this day again called in the usual manner, in presence of her majesty's high commissioner and the estates of parliament, where the said Mr Francis Grant compeared for the pursuer and the said Mr David Forbes compearing for the said Robert Malloch, Alexander Brown, Margaret Blyth and Mr Andrew Handiside, her factor, did for them crave to see the process, to which it was answered by the said Mr Francis Grant that the defenders cannot now claim to see the process in this state when the process is come in to be advised, and he ought to have compeared at first calling and then craved to see the process and, therefore, the dilator ought to be rejected. Whereupon, her majesty's high commissioner and the estates of parliament rejected the allegation and refused to allow them to see the process. Thereafter, the said Mr David Forbes alleged that the defenders for whom he compears are creditors to the pursuer, and that he has made fraudulent conveyances in prejudice of his creditors and, therefore, ought not to have a protection. Whereunto the said Mr Francis Grant answered and denied that the said pursuer had made any disposition in prejudice of his creditors, and that it is still entire to quarrel any disposition that is made by the pursuer in favour of his creditors as appropriate. With which debate above-written and with the absence of the said Margaret and Mr James Kilpatrick, two of the defenders, though lawfully cited and often called to have compeared and defended in the said matter, as said is, her majesty's commissioner and the said estates, being ripely advised, they granted personal protection to the pursuer for any civil cause or debt whatsoever in manner foresaid, until the parliament recall the same. Extract.
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Petition for Patrick [Kinnaird], lord Kinnaird continued until next sederunt for private business and to be then first under consideration.
Petition for Colonel Patrick Ogilvie and others for preventing the importation of Irish victual, read and after debate agreed that the same be under the consideration of the parliament the first sederunt after the act of supply shall be finished.
Petition for [David Erskine], earl of Buchan again read and, after reasoning thereon, it was put to the vote, grant a year to the petitioner to enter heir to his predecessors who died last infeft for the ends contained in his petition or not, and carried grant as follows.
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Her majesty's high commissioner and estates of parliament, having heard the petition of David, earl of Buchan, humbly showing to them that, where by the twenty-fourth act of the fifth session of the first parliament of his late majesty King William it is statute and ordained that any apparent heir shall have free liberty and access to enter to his predecessor with the benefit of inventory, as use is, in executory and moveables, allowing still to the said apparent heir a year and a day to deliberate, in which time he may make up the foresaid inventory, and the deceased William [Erskine], earl of Buchan, the petitioner's immediate predecessor, having died soon after the said act before expiring of the year and a day thereby allowed, without entering to his predecessor in the terms thereof, the petitioner, being the next apparent heir, was hindered from entering by his absence out of the kingdom for near the space of two years thereafter, as is very well known to several members of this honourable house. And seeing that the petitioner's entering now with benefit can infer no prejudice to any person concerned more than the entering within a year and a day, and that it appertains only to the high court of parliament to give a further allowance to the petitioner in this matter, therefore, craving his grace and the right honourable the estates of parliament, in consideration of the speciality of the petitioner's case by reason of his absence out of the kingdom above-mentioned, and that no person can be in the least prejudged by what is desired, to allow yet a competent time to the petitioner to enter heir with the benefit of inventory in the terms of the said act to his predecessor last infeft, as his grace and their lordships should think fit, as the said petition bears. Which being, upon 4 September instant, read in the presence of her majesty's high commissioner and the said estates, they ordained any party concerned to answer thereto against the third meeting this week, being the day appointed for private business. And her majesty's high commissioner and the said estates of parliament, having this day, being their said third meeting, heard the said petition again, and being therewith well and ripely advised, they allowed and hereby allow the petitioner a year from this date to enter heir to his predecessor last infeft with the benefit of inventory, to the effect mentioned in the act of parliament made thereupon. Extract.
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Overture for an act in favour of the town of Glasgow for an imposition of 2d upon the pint of all ale, brewed and vended, within the said town for payment of their debt, read.
Overture for an act in favour of the royal burghs and others for the same imposition, also read.
Moved that a first reading be marked on the act in favour of the town of Glasgow. Also moved that a first reading be marked on the general act and, after debate, it was put to the vote, mark a first reading on the general or special act, and carried mark a first reading on the special act.
Then the lord chancellor, by order of her majesty's high commissioner, adjourned the parliament until tomorrow at 10 o'clock.